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(영문) 서울중앙지방법원 2013.04.11 2012고단7185

정보통신망이용촉진및정보보호등에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2012, when the defendant thought that he/she had retired from office due to the victim B, he/she was dissatisfied with the victim's complaint. On February 2, 2012, around 23:57, the defendant sent a voice message with the contents of "BC was known or known" in the victim B's mobile phone using the mobile phone used by the defendant in Seongbuk-gu Seoul Defendant's home, etc., such as the mobile phone used by the defendant, etc., and then I think it would be possible to think it. In addition, the defendant sent a voice message with the contents of "BC's mobile phone," such as the Da C's coco, and omission of the Docco," from around that time until September 19, 2012, he/she reached the victim's fear or apprehension through an information and communications network

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Contents of each voice message, each record;

1. Application of each text messages to Acts and subordinate statutes;

1. Relevant Articles 74 (1) 2 and 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Probation Criminal Act refers to the defendant's act of serving in a discriminatory manner against female victims on a long-term basis, and the contents of the crime are very poor. The victim complained of suffering from uneasiness and uneasiness, etc. In particular, the defendant complained of suffering from the victim, and again repeats the previous act with the victim, and even if the defendant was punished twice by a fine for the same kind of crime, the defendant's responsibility for the crime of this case is seriously necessary. Thus, the defendant is selected to punish the defendant.

However, there are some points that the defendant's mistake is against the defendant, the circumstances of the crime, and the protection of the victim.